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Kroy Biermann Isn't Backing Down, "Sexual Relations Does Not Nullify This Petition"

by Venus Sanders

Kim Zolciak and Kroy Biermann were scheduled for a divorce hearing on Wednesday, but Kim's absence left the judge displeased. Fulton County Superior Court Judge Shermela J.

Image Credit: Jim Spellman / Contributor / Getty Images


Williams noted that everyone was present except Kim and asked her lawyer, David Beaudry, to explain her absence. Beaudry stated that Kim couldn't attend the hearing, held on Zoom, as she was returning from Colombia after filming MTV's "The Surreal Life."


Beaudry tried to apologize for Kim's absence, but the judge seemed irritated. Williams emphasized that Kim's presence was not waived for the day, stating, "I did not waive her presence."


The judge rescheduled the hearing for September 29, referring to the day as a "waste," and specified that all parties would need to appear in person moving forward.


This incident is just one of the latest developments in Kim and Kroy's ongoing divorce saga. Earlier in the week, the 45-year-old reality TV star requested to have their divorce dismissed. She argued that their marriage wasn't "irretrievably broken" since they were still having sexual relations. Kroy responded by saying that sexual relations didn't nullify his petition and that he had no desire to reconcile.


Kroy, a 38-year-old ex-linebacker, acknowledged their ongoing sexual relationship but maintained his desire for divorce. He also expressed his intention to sell their $3 million Georgia home, facing foreclosure on November 7.


However, Kim preferred to file for bankruptcy, which Kroy believed would result in the parties and their children living together for an extended period. Kroy wanted to sell the house quickly, claiming it was essential to remove their four minor children from the current toxic environment.


Kroy, who is seeking sole custody of their four minors, filed for divorce for the second time on August 24. They initially filed in May but called off the divorce proceedings after reconciling. Kroy is now determined to proceed with ending their 11-year marriage, during which he legally adopted Kim's daughters from a previous relationship, Brielle (26) and Ariana (21).

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